Open-borders Senators Plan End-run Dream Act Amnesty

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The DREAM Act (Amendment 2237 to the Defense Authorization bill) is a nightmare. It is a massive amnesty that extends to the millions of illegal aliens who entered the United States before the age of 16.

There is no upper age limit. Any illegal alien can walk into a U.S. Citizenship and Immigration Services office and declare that he is eligible. For example, a 45 year old can claim that he illegally entered the United States 30 years ago at the age of 15. There is no requirement that the alien prove that he entered the United States at the claimed time by providing particular documents. The DREAM Act's Section 4(a) merely requires him to "demonstrate" that he is eligible-which in practice could mean simply making a sworn statement to that effect. Thus, it is an invitation for just about every illegal alien to fraudulently claim the amnesty.

The alien then has six years to adjust his status from a conditional green card holder to a non-conditional one. To do so, he need only complete two years of study at an institution of higher education, including any vocational school. If the alien has already completed two years of study, he can convert to non-conditional status immediately (and use his green card as a platform to sponsor parents and other family members). As an alternative to two years of study, he can enlist in the U.S. military for two years. This provision allows Senator Durbin to claim that the DREAM Act is somehow germane to the defense authorization bill.

An illegal alien who applies for the DREAM Act amnesty gets to count his years under "conditional" green card status toward the five years needed for citizenship. On top of that, the illegal alien could claim "retroactive benefits" and start the clock running the day that the DREAM Act is enacted. In combination, these two provisions put illegal aliens on a high-speed track to U.S. citizenship-moving from illegal alien to U.S. citizen in as little as five years. Lawfully present aliens, meanwhile, must follow a slower path to citizenship.

It would be absurdly easy for just about any illegal alien-even one who does not qualify for the amnesty-to evade the law. According to Section 4(f) of the DREAM Act, once an alien files an application-any application, no matter how ridiculous-the federal government is prohibited from deporting him. Moreover, with few exceptions, federal officers are prohibited from either using information from the application to deport the alien or sharing that information with another federal agency, under threat of up to $10,000 fine. Thus, an alien's admission that he has violated federal immigration law cannot be used against him-even if he never had any chance of qualifying for the DREAM Act amnesty in the first place.

The DREAM Act also allows illegal aliens to receive in-state tuition rates at public universities, discriminating against U.S. citizens from out of state and law-abiding foreign students.

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